January 2014 Archives

DSM V AND ITS IMPACT ON THE AMERICANS WITH DISABILITIES ACT

As most employers know, the Americans with Disabilities Act ("ADA") was significantly amended effective January 1, 2009, to broaden the scope of what constitutes a "disability" under the Act. Historically, the Equal Employment Opportunity Commission looks to the Diagnostic and Statistical Manual ("DSM"), published by the American Psychiatric Association as a diagnostic tool, for guidance on what types of mental impairments might qualify as disabilities under the ADA. The new version of the DSM, DSM V, adds categories for mental illnesses and loosens criteria for previously identified mental illnesses, which may well result in the expansion of the number of an employer's employees who qualify as being disabled by a mental illness under the ADA. A psychiatric disorder described within DSM V may be a "disability" if not specifically exempted under the ADA and if it significantly limits a major life activity.

Minneapolis Office
Golden Hills Office Center
701 Xenia Avenue S,
Suite 500
Minneapolis, MN 55416
763–225–6000
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Hutchinson Office
16 Washington Avenue
West, Suite 104
Hutchinson, MN 55350
320–234–0757
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Des Moines Office
Bank of America Building
317 Sixth Avenue,
Suite 1400
Des Moines, IA 50309
515–244–6199
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Mankato Office
Landkamer Building
124 E Walnut Street,
Suite 200
Mankato, MN 56001
507–387–1115
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New Ulm Office
2700 South Broadway
New Ulm, MN 56073
507–354–3111
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